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Delaware Senate Agenda for June 26, 2014

Posted By Dennis Foley On June 26, 2014 @ 7:22 am In Delaware Politics | Comments Disabled

SB 261

Primary Sponsor: McDowell

Title: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO POST-RETIREMENT INCREASES TO PENSIONERS.

Synopsis: This Bill grants pension increases to retired State Employees, retired Judges, retired “New” State police and retired County/Municipal Police/Firefighters on January 1, 2015 for persons whose pension benefit was effective on or before June 30, 2013 and is payable on January 1, 2015.

HB 333 w/ HA 3, HA 1 to HA 3

Primary Sponsor: Schwartzkopf

Title: AN ACT TO AMEND TITLE 22 OF THE DELAWARE CODE RELATING TO MUNICIPALITIES

Synopsis: § 11(a), Article VIII, of the Delaware Constitution provides that “No tax … may be imposed or levied except pursuant to an Act of the General Assembly adopted with the concurrence of three-fifths of all members of each House.” A recent Chancery Court opinion has limited this section of the Delaware Constitution by allowing a municipality to impose a tax through an “all powers” clause in a municipal charter even if there is not specific authorization by an Act of the General Assembly to impose such a tax. This bill makes it clear that a municipality may only impose a tax within its jurisdiction if such tax is expressly authorized by an Act of the Delaware General Assembly.

HB 360 w/ HA 2

Primary Sponsor: Atkins

Title: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE POWERS, DUTIES, REGULATIONS AND ORDERS OF THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES.

Synopsis: This bill promotes the safety and welfare of our State’s growing number of patients who use dialysis centers. The bill enables and requires the Department of Health and Social Services to create standards for those centers. A direct concern expressly addressed in the bill is the lack of emergency energy sources, which may leave some patients with the need to hand-crank a machine in order to retrieve their blood.

HB 414

Primary Sponsor: Schwartzkopf

Title: AN ACT TO AMEND CHAPTER 11, TITLE 5 OF THE DELAWARE CODE AND CHAPTER 72, VOLUME 78 OF THE LAWS OF DELAWARE RELATING TO BANK FRANCHISE TAXES.

Synopsis: This Act maintains the 10 year tax credit available to bank franchise taxpayers that create 200 or more jobs by extending the sunset of the tax credit from January 1, 2022 to January 1, 2032 and providing for a rolling base year for measuring employment growth.

HB 198 w/ HA 1

Primary Sponsor: Brady

Title: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO RECYCLING AND WASTE REDUCTION.

Synopsis: This bill removes prohibitions targeting municipal action in the area of recycling. The sunset provision of § 6099A is also removed with a view toward the future crafting of legislation which will address reduction of plastic bag dissemination.

SCR 62

Primary Sponsor: Hocker

Title: ESTABLISHING THE DELAWARE WATERWAYS MANAGEMENT AND FINANCING ADVISORY COMMITTEE.

Synopsis: This Resolution establishes the Delaware Waterways Management and Financing Advisory Committee to develop and submit recommendations for sustainable and dedicated funding for Waterway Management activities statewide.

HB 374 w/ HA 1, HA 2

Primary Sponsor: Heffernan

Title: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE TITLE V OPERATING PERMIT PROGRAM.

Synopsis: This bill extends the Clean Air Act Title V Operating Permit Program annual fees for facilities in Delaware. This bill was developed through the Title V Operating Permit Program Advisory Committee. Existing statutory authorization sunsets December 31, 2014. Fees are based on the number of staff hours spent on permitting, compliance, and enforcement for each facility and the facility’s air emissions. This bill authorizes the Department of Natural Resources and Environmental Control to collect annual fees for calendar years 2015 through 2017 at which point the authority sunsets. 
Finally, this bill specifies that the Title V Operating Permit Program Advisory Committee will aid in the development of a management system review of the Title V air permitting scope, funding, and revenue generation process, which will be performed by an independent third party. The goal of this review is to ensure the efficient use of the annual fees collected and a fair, balanced, and sustainable Title V Operating Permit Program.

HB 368

Primary Sponsor: Heffernan

Title: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO ABOVEGROUND STORAGE TANKS.

Sponsor: This Act provides environmental cleanup liability protections for lenders who foreclose on properties that contain aboveground storage tanks and sets forth the criteria and process for lenders to maintain this liability protection. This Act also corrects an omission that occurred when House Bill 95, as amended by Amendment 2, was passed last Legislative session on June 27, 2013 relating to specifying a timeframe for the Department Of Natural Resources and Environmental Control to file an environmental lien with the Recorder of Deeds.

HB 367 w/ HA 1

Primary Sponsor: Heffernan

Title: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO UNDERGROUND STORAGE TANKS.

Sponsor: This Act makes a number of revisions, additions, and technical clarification to Title 7 relating to Delaware’s petroleum and hazardous substances underground storage tank program in order to ensure the protection of public health and the environment, including drinking water.
The Act revises the purpose section to include the purpose that contaminated soil and groundwater should be remediated and that the costs of remediation should be fairly apportioned among the responsible parties, associated with the facility and underground storage tanks. These responsible parties presumably benefited or could have benefited from such associations.
The Act retains the current liability of responsible parties to remediate pollution from retail gasoline stations, and provides for new liability standards commencing on January 1, 2016, which borrows elements from Delaware’s Hazardous Substances Cleanup Act, chapter 91 of Title 7.
The Act clarifies the Department’s responsibility to assume control of a release situation and resulting cost recovery, and also expressly provides for contribution from other responsible parties. It also provides liability protections for lenders who foreclose on properties that contain underground storage tanks and explains what lenders need to do to maintain this liability protection. 
The Act makes it expressly clear in the definition of “facility” that a facility remains a facility under chapter 74, after any removal of tanks from the facility, and remains subject to remediation and other continuing requirements.
The Act also clarifies the authority of the Department to access property and use Hazardous Substance Cleanup Funds to confirm suspected releases from underground storage tanks, and to investigate and clean up releases of petroleum and other hazardous substances resulting from leaking underground storage tanks. Further, the Act amends the financial responsibility statutory language to be consistent with existing federal requirements. 
Finally, in order to protect public health and the environment, the Act clarifies that, when site conditions warrant it, the Department may require that an environmental covenant be placed on a property as part of a risk based environmental cleanup of contamination resulting from a release from an underground or aboveground storage tank.

HS 1 for HB 348 w/ HA 1

Primary Sponsor: Atkins

Title: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO SURF FISHING.

Synopsis: This bill allows the Department of Natural Resources and Environmental Control to issue numbered surf fishing vehicle and state park specialty vehicle plates. The plates may be sold or auctioned for a fee. 

SB 208

Primary Sponsor: Venables

Title: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE ADVISORY COUNCIL ON TIDAL FINFISHERIES.

Synopsis: This bill changes the method of populating the Advisory Council on Tidal Finfisheries from gubernatorial nomination with Senate confirmation to gubernatorial appointment. 

HB 326

Primary Sponsor: Walker

Title: AN ACT TO AMEND CHAPTER 15, TITLE 6 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION AND DISSOLUTION OF DOMESTIC PARTNERSHIPS AND THE REGISTRATION AND REGULATION OF FOREIGN LIMITED LIABILITY PARTNERSHIPS.

Synopsis: This bill continues the practice of amending periodically the Delaware Revised Uniform Partnership Act (the “Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments of the Act.
Section 1. Section 1 amends § 15-403(d) of the Act to confirm that a partner may make a books and records request in person or by an attorney or other agent. 
Section 2. Section 2 amends § 15-407(d) of the Act to confirm and clarify that, unless otherwise provided in a partnership agreement, a person who is not then a partner may consent to any matter as a partner provided that such consent will only be effective at a time when such person is a partner of the partnership.
Section 3. This section provides that the proposed amendments of the Act shall become effective August 1, 2014.

HB 327

Primary Sponsor: Walker

Title: AN ACT TO AMEND CHAPTER 18, TITLE 6 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION AND DISSOLUTION OF DOMESTIC LIMITED LIABILITY COMPANIES AND THE REGISTRATION AND REGULATION OF FOREIGN LIMITED LIABILITY COMPANIES.

Synopsis: This bill continues the practice of amending periodically the Delaware Limited Liability Company Act (the “Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments of the Act. 
Section 1. Section 1 amends § 18-104(g) of the Act to require a limited liability company, upon the written request of the limited liability company’s communications contact, to provide to such communications contact the name, business address and business telephone number of a natural person who has access to the record that contains the name and address of each member and manager of the limited liability company.
Section 2. Section 2 amends § 18-302(d) of the Act to confirm and clarify that unless otherwise provided in a limited liability company agreement, a person who is not then a member may consent to any matter as a member provided that such consent will only be effective at a time when such person is a member of the limited liability company.
Section 3. Section 3 amends § 18-305 of the Act to confirm that a member of a limited liability company may make a books and records request to the limited liability company in person or by an attorney or other agent. Section 3 also amends § 18-305 of the Act by adding a new subsection 18-305(h) which provides that a limited liability company is required to maintain a current record of the name and last known address of each member and manager of the limited liability company.
Section 4. Section 4 amends § 18-404(d) of the Act to confirm and clarify that, unless otherwise provided in a limited liability company agreement, a person who is not then a manager may consent to any matter as a manager provided that such consent will only be effective at a time when such person is a manager of the limited liability company.
Section 5. Section 5 amends § 18-806 of the Act to modify and provide additional means by which a dissolution of a limited liability company may be revoked. 
Section 6. This section provides that the proposed amendments of the Act shall become effective August 1, 2014.

HB 328

Primary Sponsor: Walker

Title: AN ACT TO AMEND CHAPTER 17, TITLE 6 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION AND DISSOLUTION OF DOMESTIC LIMITED PARTNERSHIPS AND THE REGISTRATION AND REGULATION OF FOREIGN LIMITED PARTNERSHIPS.

Synopsis: This bill continues the practice of amending periodically the Delaware Revised Uniform Limited Partnership Act (the “Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments of the Act.
Section 1. Section 1 amends § 17-104(g) of the Act to require a limited partnership, upon the written request of the limited partnership’s communications contact, to provide to such communications contact the name, business address and business telephone number of a natural person who has access to the record that contains the name and address of each partner of the limited partnership.
Section 2. Section 2 amends § 17-302(e) of the Act to confirm and clarify that unless otherwise provided in a partnership agreement, a person who is not then a limited partner may consent to any matter as a limited partner provided that such consent will only be effective at a time when such person is a limited partner of the limited partnership.
Section 3. Section 3 amends § 17-305 of the Act to confirm that a limited partner of a limited partnership may make a books and records request in person or by an attorney or other agent. Section 3 also amends § 17-305 of the Act by adding a new subsection 17-305(g) which provides that a limited partnership is required to maintain a current record of the name and last known address of each partner.
Section 4. Section 4 amends § 17-405(d) of the Act to confirm and clarify that, unless otherwise provided in a partnership agreement, a person who is not then a general partner may consent to any matter as a general partner provided that such consent will only be effective at a time when such person is a general partner of the limited partnership.
Section 5. Section 5 amends § 17-806 of the Act to modify and provide additional means by which a dissolution of a limited partnership may be revoked. 
Section 6. This section provides that the proposed amendments of the Act shall become effective August 1, 2014.

HB 329

Primary Sponsor: Walker

Title: AN ACT TO AMEND TITLE 8 OF THE DELAWARE CODE RELATING TO THE GENERAL CORPORATION LAW.

Synopsis: Section 1 amends Section 103(a)(1) to remove any limitation on the reason for the incorporator’s unavailability.
Section 2 amends Section 108 to provide a means for the incorporator’s actions required by this section to be taken in the event the incorporator is unavailable to act.
Section 3 amends Section 141(f) to clarify that a person may execute a consent, and that such consent may be placed in escrow (or similar arrangement), to become effective at a later time, even if the person is not a director at the time the consent is executed, so long as the escrow period does not exceed 60 days.
Section 4 amends Sections 218(a) and (b) to provide that a voting trust agreement, or any amendment thereto, may be delivered to the principal place of business of the corporation in lieu of the registered office of the corporation.
Section 5 amends Section 228(c) to clarify that a person may execute a consent, and that such consent may be placed in escrow (or similar arrangement), to become effective at a later time even if the person is not a stockholder at the time the consent is executed and that the later effective time would then be treated as the date the consent was signed. In contrast to the similar amendment made to Section 141(f) (addressing consents of directors) the amendment to Section 228(c) does not expressly state the signatory need not be a stockholder when the consent is signed. The reason for this difference is that a person executing a written consent need not be a stockholder at the time of execution under current law, but only on the relevant record date. The amendment does not affect the requirement that the consent bear the actual date of signature.
Section 6 amends Section 242 to authorize corporations to file certificates of amendment that either change the corporate name or delete historical provisions relating to the corporation’s incorporator, initial board of directors or initial subscribers for shares and provisions relating to previously effected changes to stock, in each case without submitting the amendment for stockholder approval. The changes also eliminate the requirement that the notice of a meeting at which an amendment is to be voted on contain a copy of the amendment itself or a brief summary thereof, but only when notice constitutes a notice of internet availability of proxy materials for Securities Exchange Act purposes.
Section 7 amends Section 251(h) in several respects, including revisions to (i) eliminate Section 4, which precluded the use of Section 251(h) when a party to the merger agreement is an “interested stockholder” (as that term is defined in Section 203), (ii) clarify when a corporation consummating an offer referred to in Section 251(h) is entitled to effect a merger pursuant to such section, and (iii) clarify that shares of stock tendered into an offer referred to in Section 251(h) are not counted for purposes of Section 251(h) unless irrevocably accepted for exchange and received by the depositary prior to expiration of such offer. The amendments do not change the fiduciary duties of directors in connection with mergers effected pursuant to Section 251(h) or the level of judicial scrutiny that will apply to the decision to enter into such a merger agreement, each of which will be determined based on the common law of fiduciary duty, including the duty of loyalty.
Section 8 provides that the effective date of these amendments is August 1, 2014, with a limitation that Section 7 is effective only for merger agreements entered into on or after that date.

HB 290 w/ HA 1

Primary Sponsor: Barbieri

Title: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO PROCEEDINGS IN THE INTEREST OF A CHILD AND ADJUDICATIONS OF DELINQUENCY.

Synopsis: This Act gives the Family Court discretion in sentencing a child for an act of delinquency to waive or suspend any required fines, court costs or penalty assessments.

HB 324

Primary Sponsor: Jaques

Title: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES PROVIDING FOR SPECIAL LICENSE PLATES IN HONOR OF DELAWARE VETERANS WITH FUNDS BEING PROVIDED TO THE STATE OF DELAWARE VETERANS TRUST FUND.

Synopsis: The bill creates a special motor vehicle license plate for the purpose of honoring Delaware’s veterans. 

HS 1 for HB 297 w/ HA 1

Primary Sponsor: D.E. Williams

Title: AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO DOGS.

Synopsis: This bill clarifies when an animal control constable or dog warden may impound a dog that is suspected of being dangerous or potentially dangerous. The bill makes clear that any of the paragraphs constitutes grounds.

SB 263

Primary Sponsor: McDowell

Title: AN ACT TO AMEND TITLES 18 AND 29 OF THE DELAWARE CODE RELATING TO AMOUNTS REMITTED TO THE CITY OF WILMINGTON.

Synopsis: This bill will eliminate the added step of transferring monies through the Secretary of State and enable the Department of Insurance to remit funds up to $1M dollars directly to the City of Wilmington in a more efficient and timely manner. The bill further defines how the transferred funds are to be utilized by the City of Wilmington as was intended under the current law.

HB 137 w/ HA 2, HA 1 to HA 2

Primary Sponsor: Baumbach

Title: AN ACT TO AMEND TITLES 11 AND 29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEES’ PENSION PLAN, THE COUNTY AND MUNICIPAL EMPLOYEES’ PENSION PLAN, THE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN, THE STATE JUDICIARY PENSION PLAN, THE STATE POLICE PENSION PLAN, AND PENSIONS.

Synopsis: This bill expands and promotes unity in the options for survivor pension payout choices for retired participants in the State pension programs, the State Employees’ Pension Plan, the County and Municipal Employees’ Pension Plan, the County and Municipal Police/Firefighter Pension Plan, the State Judiciary Pension Plan, and the State Police Pension Plan. There is no reduction for the 50% survivor benefit, a 2% reduction for a 66.67% survivor benefit, 3% reduction for a 75% survivor benefit, and 6% reduction for a 100% survivor benefit.

SB 224

Primary Sponsor: Venables

Title: AN ACT TO AMEND THE CHARTER OF THE TOWN OF LAUREL WITH REGARD TO INCREASING THE LIMIT FOR AUTHORIZING GENERAL OBLIGATION BONDS, CERTIFICATES OF INDEBTEDNESS, NOTES, BONDS, OR OTHER OBLIGATIONS, WITHOUT REQUIRING A PUBLIC HEARING AND A SPECIAL ELECTION.

Synopsis: This Act amends the Charter of the Town of Laurel to permit issuance of general obligation bonds, certificates of indebtedness, notes, or other obligations by the Town of Laurel, without a public hearing and special election, up to the aggregate amount outstanding at any time of $17,000,000.00.

SB 231

Primary Sponsor: Venables

Title: AN ACT TO AMEND CHAPTER 288, VOLUME 64, LAWS OF THE STATE OF DELAWARE, THE CHARTER OF THE TOWN OF LAUREL RELATING TO THE ALDERMAN AND ASSISTANT ALDERMAN

Synopsis: This Act serves to codify numerous policies that promote the autonomy of the Alderman’s Court and thereby foster public confidence in the Court. The Act describes the processes of nomination, appointment by the Governor and confirmation by the Senate. Pursuant to this Act, many of the policies applicable to the Magistrate’s Court are applied to Alderman’s Court, such as requirements to segregate the Court from the Town’s offices. It also codifies standards relating to vacancies, qualifications, duties and jurisdiction.

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